This User Agreement sets out the terms and conditions for access to and use of the Mesaar web site and online services (referred to as "Mesaar"). This is a binding agreement and you are contracting with Mercans General Trading LLC (referred to as "Mercans"). Mesaar is a service that is owned by Mercans and its suppliers; the terms "we," "us," or "our" refer to Mercans.
By accessing or using Mesaar or by registering for Mesaar, you, the User, agree to these legally binding agreement terms and conditions. If you are entering into this User Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to bind your company or organization to this User Agreement. Such company or organization is then the User that is bound by this User Agreement and, in addition, you personally agree to comply with these terms and conditions as a representative of the User. If you do not have the required authority to bind your organization, or do not agree with these terms and conditions, you may not access, use, or register for Mesaar.
This User Agreement is effective between User and Mercans as of the date that User first accesses or uses Mesaar or registers for use of Mesaar, whichever is earlier ("Effective Date"). This User Agreement is subject to change by Mercans in its discretion at any time. Use of Mesaar after such changes are implemented constitutes acknowledgment and acceptance of this User Agreement with all changes.
Mesaar is an online social communication and outreach service for business seeking employees and for the recruiting and staffing industry. Mesaar allows recruiters and companies seeking staff to create, manage, and publish online content about job positions, placements, and other recruitment matters and to track results. Mercans also provides tools to help identify job seekers through social media. Mesaar is provided by and owned by Mercans General Trading LLC. More than one version of Mesaar may be available. You can learn more about Mesaar and its features and functions, as well as other Mesaar versions, on the Web at https://mesaar.com/. The unlimited jobs feature may be terminated by Mercans at any time and may be subject to caps, controls, changes or restrictions in Mercans’ sole discretion.
Mercans may change the functionality and contents of Mesaar at any time in its discretion. Many functions of Mesaar require User registration. This User Agreement applies regardless of whether User is also a customer or user of the Mercans Applicant Tracking System ("Mesaar ATS Service"); however certain functions of Mesaar may be available only if the User has a license to access the Mesaar ATS Service.
Users must provide Mercans with such contact information as Mercans may require, which may include User's legal company name, company registration number, street address, e-mail address, and name and telephone number of an authorized contact person. User agrees to update such information to keep it current at all times. Mercans may rely on all information provided to Mercans from User or its designated contact person.
User will be responsible for all activities that occur under User's Mesaar account. User is responsible to maintain the security and confidentiality of all usernames and passwords that it selects for its account. Mercans is entitled to treat all communications that are identified by means of such usernames and passwords as authorized by User. User will notify Mercans immediately of any unauthorized use of any Mesaar username or password or account or any other known or suspected breach of security.
As indicated on this web site, certain functionality of Mesaar is available without charge. Other functions or versions, such as enterprise services (collectively "Premium Services") may require payment, which may be based on one-time, subscription, or other payment plans. If User purchases Premium Services, User agrees to pay the applicable fees and charges as they become due plus all related taxes, and to reimburse Mercans for all collection costs and interest for any overdue amounts. Premium Services are subject to this User Agreement and any additional applicable Premium Service terms or agreements.
If you purchase any Premium Services via credit card, you authorize Mercans to store your credit card information and automatically and immediately bill your card when charges for your use of the Premium Services are due. Premium Services are billed in advance.
You can cancel Premium Services at any time by using the account management functionality of Mesaar.
If you register to use the Premium Services on a free-trial basis, and you do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, your credit card will be billed for the Premium Services, unless other payment arrangements have been made in advance and confirmed by Mercans.
Unless stated to the contrary, all charges are non-refundable, even if your use of the Premium Services is cancelled before the end of your current billing period.
In case of any rejection or charge-back to your credit card, Mercans may, in its discretion, terminate or suspend your access to Premium Services.
To use the functionality of Mesaar, User may post, upload, input or submit materials, information, including text and graphics (collectively "User Content") to Mesaar. Examples of such User Content are job openings and placements, information in various media related to jobs and job placement, and profile information about the User.
Mercans does not claim ownership of User Content that User provides to Mesaar (other than Feedback as defined and provided for below). However, by posting or submitting User Content, User grants Mercans and its affiliated companies and providers permanent and irrevocable world-wide, royalty free, sub-licensable license and permission to display, post, publish, copy, distribute, store, adapt, encode, create derivatives of, and otherwise use User Content.
By posting or submitting User Content, User warrants and represents that User owns or otherwise controls all of the required rights to User Content for such use and that the permitted use of User Content by Mesaar under this User Agreement will not violate any third party rights. User must have received all required permissions and consents, including, without limitation, required permissions for use of any company name, trademark, logo, content, and business information, as applicable.
Mercans reserves the right to remove any User Content at any time.
Mercans is not responsible for any third party use or misuse of Your User Content.
Information obtained by User from social media sites by means of Mesaar may be viewed by User in Mesaar, but should not be stored, aggregated, transferred, published or stored outside of Mesaar without the express consent of the provider of such information (that is, the account owner on the social media site). In addition, such information should not be aggregated, transferred, used, published or stored or in violation of privacy laws and/or any party's reasonable privacy expectations. Customer acknowledges that there is no assurance that such information is accurate, reliable, complete, or up-to-date.
In using Mesaar, including its User Content functions and social media tools, User agrees to follow these rules of proper use:
User will post only information that is appropriate, truthful, for legitimate purposes, and in good taste.
User will use his or her true identity. User will not provide any false identification or other personal information or create an account for anyone without permission.
User will not post content or take any action that infringes someone else's rights or otherwise violates the law.
User will not post any material that is defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or in violation of law.
User will not violate any local, state, federal, national, or international laws, rules or regulations. User will not use send unsolicited commercial email or "spam" to any person and will comply with, the federal CAN SPAM Act of 2003.
While the publicly available information on Mesaar may be indexed by legitimate search engines as permitted by the functionality of Mesaar, no other person or entity accessing this site may copy or monitor any information or content on this web site by use of any robot, bot, spider, crawler, extraction tool, or any other device, utility, or process without express written permission from Mercans General Trading LLC. User may not utilize Mesaar or its functionality, information and content in or for any service bureau, electronic service, or online resource without Mercans' express prior written consent.
No person or entity accessing this site may: (i) frame or rebrand the Mesaar web site or information found on Mesaar, (ii) circumvent or attempt to circumvent the access, control or security systems of Mercans or Mesaar, or (iii) engage in or attempt to engage in any activity that interferes with a user's access to this web site or the proper operation of this Mesaar.
User may use Mesaar and may use, store, print, and display its information and content only for User's own business use. User may not transfer or provide any third party with access to a Mesaar account, and User may not charge anyone for access to or for any information on Mesaar.
User may not use Mesaar or any information found on Mesaar for any uses that are in competition with Mesaar. User agrees not to reverse engineer Mesaar. User Agrees not to use or access Mesaar to: (i) build a competitive product or service, (ii) make or have made a product or service with similar features, functions, text, or graphics, (iii) make derivative works based upon Mesaar or its content or (iv) copy any features, functions, text, or graphics of Mesaar.
User agrees that Mercans is not responsible for User Content or other third party information that may be provided to User through Mesaar. In addition, Mesaar may provide, or third parties may provide, links to other World Wide Web or mobile sites or resources, and User agrees that Mercans is not responsible for such links or information that may be obtained from such links or information.
Some portions of Mesaar are publicly available, and some functions are solely for the use of its registered Users. User will not defeat or circumvent or attempt to defeat or circumvent any access controls regarding information in Mesaar or user accounts.
User may provide feedback (which may be oral or written) to Mercans on the functions, operation, and utility of Mesaar and is encouraged to provide prompt reports to Mercans of any issues, bugs or service errors (collectively "Feedback"). User agrees that Feedback provided by User (including, without limitation, feature suggestions and corrections to problems in Mesaar and/or documentation) becomes the property of Mercans and that Mercans may use or exploit the same without any accounting or any payment to User. User will not include in Feedback any third party proprietary or confidential information. Mercans is permitted to create aggregated anonymous data based on activities and use of all users, including User. Mercans will be the owner of such aggregated anonymous data and may use, copy and may use or publish such data in its discretion.
User acknowledges that Mesaar may not be error-free or uninterrupted in operation. Mesaar and any data and services provided under this User Agreement are provided to User "AS IS." MERCANS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE USE OR PERFORMANCE OF MESAAR, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. User agrees that Mercans is not responsible for any electronic communications or any data which is delayed, lost, altered, intercepted or stored without authorization, including, without limitation, information transmitted via the Internet. Mercans makes no representation or warranty regarding any of the results that User may obtain. IN NO EVENT WILL MERCANS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE, BREACH OF SECURITY, BUSINESS LOSS, OR ANY OTHER CAUSE. MERCANS' MAXIMUM LIABILITY UNDER THIS USER AGREEMENT, THE DEALING OF THE PARTIES HEREUNDER, AND/OR WITH REGARD TO MESAAR IS LIMITED TO $100. The information provided by or by means of Mesaar is for information purposes only, and Mercans does not warrant or represent its completeness, timeliness or accuracy. Mercans may discontinue or make changes in the information, products or services herein at any time without prior notice to User and without any liability to User. User hereby releases Mercans, its officers, director, employee and agents from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with access to or use of Mesaar with regard to information supplied by or relating to third parties. If User is a California resident, User waives, to the extent permitted by law, California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Ownership. User acknowledges that Mesaar, its copyrights, the Mesaar ATS Service, and Mercans trademarks, trade names, and logos (including the Mercans and Mesaar trademarks and logos), and any other relevant intellectual property rights are owned by Mercans. User acquires no right to use Mesaar beyond the term of this User Agreement. Mercans is the owner of and reserves all rights to the content appearing on Mesaar except for User Content or other third party content. User may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property of Mercans appearing on this website without Mercans' express prior written permission.
User acknowledges that Mesaar, its copyrights, the Mesaar ATS Service, and Mercans trademarks, trade names, and logos (including the Mercans and Mesaar trademarks and logos), and any other relevant intellectual property rights are owned by Mercans. User acquires no right to use Mesaar beyond the term of this User Agreement. Mercans is the owner of and reserves all rights to the content appearing on Mesaar except for User Content or other third party content. User may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property of Mercans appearing on this website without Mercans' express prior written permission.
User may terminate this User Agreement, for any or no reason, at any time, with written notice to Mercans or by sending a termination request to firstname.lastname@example.org. This notice will be effective upon Mercans processing User's notice. Mercans may suspend or terminate User's access to Mesaar and may terminate this User Agreement if Mercans reasonably concludes that User is using Mesaar in breach of this User Agreement or in violation of law, if Mercans deems that User's use of Mesaar is causing harm to Mercans or others, or for any other reason that Mercans deems sufficient in its discretion. Upon termination, User will cease all use of or access to Mesaar unless the parties have otherwise agreed in a binding written agreement. The following provisions will survive termination: Sections 6(b), 6(c), 6(d), and 10 through 20, together with User's accrued obligations.
User consents and agrees that Mercans may access, preserve, and disclose User' registration and any other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this User Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Mercans, Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this User Agreement, or comply with legal requirements are addressed in our https://mesaar.com/privacy-policy.
This User Agreement is subject to the laws of the Republic of Estonia, and both parties submit to the exclusive jurisdiction and venue of the Republic of Estonia with regard to matters arising under or related to this User Agreement. Mercans may assign this User Agreement in connection with a transfer of business, change of control or sale of line of business transaction and may transfer this User Agreement to an affiliate. User may not assign or transfer this User Agreement or any license to use Mesaar without the express prior written consent of Mercans.
User may not assign or transfer this User Agreement or the license contained herein without the express written consent of Mercans. Mercans may transfer this User Agreement in sale of business, sale of line of business, or change or control transaction or to a third party that assumes the obligations of this User Agreement and may delegate any or all performance. Mercans may discharge any of its obligations or permit any of its rights under this User Agreement to be exercised by its affiliates.
Use of Mesaar is limited to persons who are 18 years or older.
User agrees to defend, indemnify and hold harmless Mercans and its officers, directors, employees and agents of and from any third party claim or suit claimed or alleged to relate to, arise from, or result from User's use of, interaction with, or access to Mesaar including, without limitation, from User' breach of this User Agreement or any User Content, including payment of any related costs, fees, damages and expenses, including, but not limited to, the indemnified parties' reasonable attorneys' fees.
If any provision is held by a court of competent jurisdiction to be contrary to law, such provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect. Mercans will not be liable for any loss or delay resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities. The Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties. The Agreement will be interpreted fairly in accordance with its terms, without any strict construction in favor of or against either party.
In connection with Mesaar, Mercans may communicate with User electronically, including, without limitation, posting notices on Mesaar web site or sending e-mails. By using Mesaar, User consents to receiving communications from Mercans, and its third party partners and affiliates, in an electronic form and agrees such communications provided to User electronically will satisfy all applicable legal requirements, including that such communications be in writing.
This is the entire agreement of the parties regarding its subject matter except as the parties otherwise expressly agree in writing. User also may be subject to additional terms and conditions that may apply when Users obtains or agrees to purchase certain other services or content. For clarity, this User Agreement is separate from any agreement that User may have with regard to the Mesaar ATS Service.
The following provisions apply and, in the event of a conflict, supersede the clauses stated above, if you are using Mesaar as a resident in the United Kingdom:
DO NOT RELY ON MESAAR, ANY INFORMATION THEREIN, OR ITS CONTINUATION. MESAAR AND ALL INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MERCANS DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS.
MERCANS DOES NOT GUARANTEE THAT MESAAR WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. The operation of Mesaar may be interrupted due to maintenance, updates, or system, network failures or other reasons. Mercans disclaims all liability for damages caused by any such interruption or errors in functioning and for issues with access the Internet, or any other reason.
Mercans is not responsible, and makes no representations or warranties for the delivery of any messages (such as postings of any user generated content) sent to or through Mesaar. In addition, Mercans does not warrant or represent that use of the Mesaar will not infringe third parties' intellectual property rights.
Mercans does not verify the identity of the persons using to its services. Mercans has no obligation to monitor the use of its services by other users. MESAAR DISCLAIMS ALL LIABILITY FOR THIRD PARTY MESSAGES, IDENTITY THEFT OR ANY OTHER MISUSE OF IDENTITY OR INFORMATION.
Mercans does not exclude or limit in any way its liability for fraud or fraudulent misrepresentation or death or personal injury caused by its negligence.
You hereby acknowledge that Mercans will commence the provision of Mesaar Premium Services as soon as payment for Premium Services has been processed. In such circumstances, and because you consent to the commencement of Mesaar Premium Services at such time, the right to cancel the contract under the Distance Selling Regulations 2000 is not applicable. However, you may terminate this User Agreement at any time as stated above.
This User Agreement was last updated on November 25, 2016.